HomeMy WebLinkAbout2009-01-08 Council (Regular) MinutesCOUNTY OF NEWELL NO.4
'"^' MINUTES OF COUNCIL MEETING
January 8, 2009
The regular Council Meeting of the County of Newell No. 4 was held in the
County Office at Brooks, AB on Thursday, January 8, 2009 commencing at
10:03 a.m.
MEMBERS
PRESENT: M. Douglass, Reeve
COUNCILLORS: W. Daniels
R. Andrews
J. Harbinson
S. Evans
A. Eastman
B. de Jong
H. Wutzke
ABSENT: I. Schroeder
A.M. Philipsen
STAFF: K. Stephenson, Chief Administrative Officer
A. Wickert, Development Control Officer
M. Harbicht, Superintendent of Public works
A. Clapton, Executive Assistant
OTHERS IN S. Stanway, Brooks Bulletin
ATTENDANCE: R. Kiedrowski, Brooks & County Chronicle
M. Fitzgerald, Q-13 Fox Radio
Cindy Brkich, Resident of Westland Acres
Colleen Davidson, Resident of Westland Acres
Jack Gerrard, Resident of Westland Acres
Scott Hanson, Resident of Westland Acres
Kasy Kaczanowski, Resident of Westland Acres
Tracy Kaczanowski, Resident of Westland Acres
Mike Ondrus, Resident of Westland Acres
Shawn Schuh, Resident of Westland Acres
1. EXCUSED FROM MEETING
C-01/09 MOVED BY COUNCILLOR R. ANDREWS that Councillor A.M. Philipsen
and Councillor I. Schroeder be excused from the meeting.
MOTION CARRIED
2. MINUTES
C-02/09 MOVED BY COUNCILLOR S. EVANS that the December 23, 2008 Council
minutes be adopted as presented.
MOTION CARRIED
Regular Council Minutes Page 2
January 8, 2009
3. CALL FOR POST AGENDA ITEMS
The Reeve called for post agenda items.
4. ADOPTION OF AGENDA
C-03/09 MOVED BY COUNCILLOR A. EASTMAN that the agenda be adopted as
amended.
MOTION CARRIED
5. CHEQUES FOR PAYMENT
The Chief Administrative Officer responded to questions from Council.
C-04/09 MOVED BY COUNCILLOR B. DE JONG that cheques 164021 to 164106 in
the amount of $599,253.04 be approved.
MOTION CARRIED
6. BUSINESS FROM MINUTES
a. CPR Letter Re: Irricana Sub Right of Way
The Chief Administrative Officer presented Council with an update on
this item in the form of an a-mail from S. Nedoshytko, Landman for
Wheatland County. S. Nedoshytko has spoken to a representative of
the CPR and they have indicated that the exit fees cannot be recovered
if the waiver is signed at this Time. He is currently waiting to receive
information regarding a derailment that occurred in 1987 and suggests
that a Phase 2 Environmental Assessment be completed to determine
fhe state of the land.
8. OTHER BUSINESS
~ ~ a. Alberta Royal Canadian Legion
~,.~ ' ~~ Military Service Recognition Book
Council was presented with a letter from the Alberta/Northwest
Territories Command of fhe Royal Canadian Legion regarding the
upcoming publication of a Military Service Recognition Book. The letter
requested support from the County of Newell No. 4 via sponsorship of
an advertisement space in this book. The Chief Administrative Officer
will determine the scope of this publication with regards to Alberta's
veterans and this item will be brought back to a future meeting.
~--
Regular Council Minutes
January 8, 2009
9.
POST AGENDA ITEMS
Page 3
a. Reschedule Meeting with LaVar Payne, Member of Parliament
The Chief Administrative Officer indicated that the Honorable L. Payne
was unable to attend the meeting today at 2:00 p.m. and had requested
that the meeting be rescheduled. Council suggested that this item be
incorporated into the joint meeting with the City of Brooks on January
12, 2009. This item will be discussed further later in the meeting.
ARRIVED AT MEETING
Councillor J. Harbinson arrived at 10:22 a.m.
b. Policy Review - 2004-PAD-039 -Recognition of Service
Council was presented with Policy 2004-PAD-039 and some suggested
amendments. Council requested that a further amendment be made to
the policy, stating that Councillors will not receive gifts upon retirement
from Council.
C-05/09 MOVED BY COUNCILLOR H. WUTZKE that Policy 2004-PAD-039 be
adopted as amended.
MOTION CARRIED
Council discussed including Committee and Board members in the
County of Newell Christmas party. Reeve M. Douglass inquired about
the status of the committee that was to be formed to arrange the County
events, and the Chief Administrative Officer indicated that no formal
decisions had been made at this time. Council indicated that they
would like to assist staff in planning the various events Throughout the
year, and administration was asked to determine the opinions of staff
towards this.
ARRIVED AT MEETING
C. Brkich, C. Davidson, J. Gerrard, S. Hanson, K. Kaczanowski, T. Kaczanowski,
M. Ondrus, S. Schuh, and A. Wickert arrived at 10:33 a.m.
7. DELEGATIONS
a. Residents of Westland Acres
,--,
K. Kaczanowski, representing the residents of Westland Acres, thanked
Council for allowing the group to present their concerns. He presented
Council with some history on the Westland Acres development and
expressed frustration with issues with the lack of communication and
the development process. With the new development that is going
ahead, the residents sent two letters to Council outlining the issues and
concerns that they have regarding what is happening.
Regular Council Minutes Page 4
January 8, 2009
The Chief Administrative Officer asked if the issues outlined in the
letters concerned Westland Acres as it is now or the new development.
K. Kaczanowski replied that the new development would have an
impact on Westland Acres.
C. Brkich indicated That her property was situated on the low end and
she has experienced flooding every spring. The road had to be
upgraded recently because of this, and this was at a cost to the
taxpayers. She also expressed concerns regarding drainage affecting
the septic fields in the area, and noted that it was the County's
responsibility to ensure that proper construction methods are used and
that any repair costs should be the developer's responsibility.
Councillor H. Wutzke acknowledged the concerns of the residents of
Westland Acres and noted that a condition of the development requires
a drainage plan to be in place that is approved by an engineer and the
Eastern Irrigation District. K. Kaczanowski expressed concerns
regarding the lack of public input on this drainage plan, indicating that
there is a wealth of local knowledge that can be applied there. He also
commented on the size of the culvert in the road, and Councillor
H. Wutzke indicated that the E.I.D. would not approve a plan that would
not allow for adequate flow through this culvert. Councillor
W. Daniels agreed with K. Kaczanowski in that the process needed to
be streamlined and clarified and requested input from the delegation for
specific changes to be made. K. Kaczanowski indicated that there
should be someone involved that has the technical expertise to know
what is required for each stage of the development.
Councillor W. Daniels inquired about the drainage plan and the
Development Control Officer replied that a drainage plan had been
submitted, but that it could not be accepted without an engineer's
stamp. Councillor W. Daniels asked if there had been public
consultation meetings. C. Davidson indicated that she had attended the
open house that was held and had expressed her concerns regarding
septic fields and lot sizes, and as a result the lot sizes have been
reduced. K. Kaczanowski noted that the standards for septic fields had
been changed recently and asked if the County would ensure the
developer adhered to these standards. The Development Control
Officer replied that the conditions require permits from accredited
organizations which are certified from the Alberta Municipal Affairs
Safety Codes Council.
C. Davidson asked why the development was progressing if the
drainage plan has not yet been accepted and who would be paying to
correct anything that is done improperly. The Development Control
Officer replied that the developer will receive a stop work order in the
spring if the conditions of the subdivision have not been met.
Regular Council Minutes Page 5
January 8, 2009
Councillor W. Daniels commented on the architectural standards,
indicating that the Safety Codes Council ensures buildings are built to
code, but architectural standards were requirements of the developer
and are writfen into the title. Councillor H. Wutzke suggested that the
residents of Westland Acres arrange a meeting with the developer to
discuss their concerns.
The Chief Administrative Officer stated That the County Land Use Bylaw
controls the size and type of building that can be built on a property and
that the province is responsible for ensuring that housing standards are
met. He noted that if residents have concerns regarding architectural
controls, they should confact D. Horvath, Planner, as she has been
working with the developer on subdivision controls at the land title
registration stage.
K. Kaczanowski inquired abouf who would ensure that the issue of
surface drainage was addressed, indicating that the developer must
consider this beforehand and be held accountable. T. Kaczanowski
suggested that perhaps public input could be obtained during the
engineer's drawing stage of the plan. The Chief Administrative Officer
indicated that a stamped certified set of surface drainage plans and as
built confirmations will be all that is required to ensure the subdivision
drains properly. He offered providing a copy to K. Kaczanowski once
he receives them.
C. Brkich asked who would be responsible for ensuring that the work is
completed properly. The Chief Administrative Officer replied that B.
Penner, Technical Manager, and A. Madrid, Surveyor, conduct a site
visit following construction and, if it does not meet approval, Public
Works will give the developer a list of items that require correction. The
plans are also forwarded to the Public Works Department for their
comments. He also noted that the province is responsible for ensuring
septic fields are correctly installed under the Alberta Plumbing Permit,
Building and Safety Codes.
K. Kaczanowski indicated that the suggestion of green space had not
been discussed during the open house meeting and the residents felt
that this would have been a solution to many of fhe other issues. He
lisfed the other concerns thaf were outlined in the letter to Council,
including surface drainage and traffic impacts. S. Schuh asked if it was
a requirement to have two roads accessing a property for emergency
purposes, and the Chief Administrative Officer replied that it is not a
regulation as there are many cul-de-sac developments with only one
access in.
Reeve M. Douglass thanked the delegation for attending the meeting
`~ and for stating their concerns. Councillor W. Daniels suggested that
both parties meet with staff and the developer and then present an
update fo Council in a few months. T. Kaczanowski asked if it was
Regular Council Minutes Page 6
January 8, 2009
possible to contact the engineer and ask some questions. The
Development Officer indicated that she would ask the developer to
determine if she can give out the engineering contact. C. Brkich
suggested that a meeting be arranged between the residents of
Westland Acres, the developer, and Councillor H. Wutzke to discuss the
drainage plan and other concerns.
K. Kaczanowski indicated that he would be in contact with D. Horvath
and asked when would be a good time to meet again. Reeve M.
Douglass advised of the meeting schedule, and suggested that they
return to either a Council or Municipal Planning Commission meeting
where D. Horvath is available. Councillor W. Daniels also suggested
that the Technical Manager and Superintendent of Public Works also
attend this meeting.
Several residents expressed concerns regarding septic fields and the
minimum !ot size required for these which is included in the Area
Structure Plan. The Chief Administrative Officer replied that if the
Province does not approve septic fields for those lots, other options will
have to be used.
S. Hanson expressed concerns regarding the development proceeding
without an approved drainage plan in place, and noted there should
steps in the process where a developer cannot proceed until he
completes certain requirements within a given time frame. The Chief
Administrative Officer replied that the developer is typically given one
year to meet all the conditions, but that they do not have to be
completed in a specific order. He further indicated that many
developers require a time extension over the one year period in order to
meet all the conditions required. Reeve M. Douglass indicated that this
and future discussions will be used to analyze the process and improve
it.
J~ LEFT THE MEETING
~J
C. Brkich, C. Davidson, J. Gerrard, S. Hanson, K. Kaczanowski, T. Kaczanowski,
M. Ondrus, and S. Schuh left the meeting at 11:57 a.m.
Councillor R. Andrews inquired about the location of the road and
culvert, and it was indicated on the map. Councillor W. Daniels noted
that the current developer was part of the previous development, and
that the residents would probably feel more comfortable if they received
more information from the developer. The Development Control Officer
gave an overview of the proposed drainage plan and indicated that they
were waiting for the engineer's stamp that will tell them whether or not it
will function correctly.
~--~
Regular Council Minutes
January 8, 2009
LEFT THE MEETING
M. Fitzgerald, R. Kiedrowski, and S. Stanway left the meeting at 1:01 p.m.
LUNCH
Council RECESSED for lunch at 12:06 p.m. and RECONVENED at 1:01 p.m.
ARRIVED AT MEETING
Page 7
M. Harbicht, Superintendent of Public Works, and S. Stanway arrived at 1:01 p.m.
9. POST AGENDA ITEMS -continued
c. Purchase of New Plow Truck and Semi Tractor Unit
The Superintendent of Public Works requested permission from Council
to sole source the purchase a new plow truck and semi tractor unit.
The Superintendent of Public Works responded to questions from
Council and cited examples of equipment purchased in the past through
resolution. Councillor A. Eastman asked what the tendering policy said
about this, and the Chief Administrative Officer replied that Council
must approve purchases that are not put out to tender at this type of a
dollar value.
C-06/09 MOVED BY COUNCILLOR W. DANIELS that Council APPROVE the
request by Public Works and allow them to sole source the purchase of a
new Plow Truck and Semi Tractor Unit.
Councillor J. Harbinson requested a recorded vote. C
In Favor: Divisions 1, 4, 6, 8, 9, 10 2 ~ `~
Opposed: Dlvlslons 5, 7
MOTION CARRIED
The Superintendent of Public Works requested that Motion C-303/08 be
rescinded and that the Municipal Addressing Project be funded through
the paving reserves so that the Alberta Municipal Infrastructure
Program funding can be used for the Crawling Valley paving project.
The Chief Administrative Officer provided background information to
Council and responded to questions, noting that the Municipal
Addressing Project funding should come from the Municipal Surplus
rather than the paving reserves.
C-07/09 MOVED BY COUNCILLOR A. EASTMAN that Motion C-303/08, which
reads as follows:
MOVED BY COUNCILLOR H. WUTZKE that the County of Newell No.
4 proceed with an addressing project in the 2009 budget by applying for
Regular Council Minutes Page 8
January 8, 2009
AMIP funding through Alberta Transportation and by having our
Department of Public Works handle installation of the signage, either ---
using staff or contracting out,
and further, by allocating $5,000.00 from the Public Works Contingency
Fund to have Martin Newby Consulting Ltd. start the numbering system
now to develop a concise budget for the AMIP application.
be RESCINDED.
MOTION CARRIED
C-08/09 MOVED BY COUNCILLOR B. DE JONG that the 2008/2009 AMIP
application be used for the Old Highway 1 paving project.
MOTION CARRIED
C-09/09 MOVED BY COUNCILLOR S. EVANS that the 2009/2010 AMIP funding be
used for the Crawling Valley paving project.
MOTION CARRIED
C-10/09 MOVED BY COUNCILLOR W. DANIELS that the Municipal Addressing
project be funded through the Municipal Surplus.
MOTION CARRIED
ARRIVED AT MEETING
A. Wickert, Development Control Officer, arrived at 1:20 p.m.
7. DELEGATIONS -continued
~ a. Residents of Westland Acres
Council asked for ideas for developing a system for public input that
would include the Superintendent of Public Works and the Planner.
Councillor R. Andrews suggested arranging the conditions of a
development in an order that would require drainage plans to be
approved and in place prior to any other work proceeding. Council
indicated that a staff member should be conducting site visits and
ensuring that work is being done properly. The Development Control
Officer presented Council with an overview of the process that is
explained to developers, which includes a list of conditions that must
be met before work begins on anything in the development
agreement. Council discussed how the process applied in the case of
the developer in question.
The Superintendent of Public Works noted that his department is
working on a list of items that they want shown on engineering
Regular Council Minutes Page 9
January 8, 2009
drawings in order to approve them. This item will be discussed further
,-- during the March 10, 2009 MPC meeting.
LEFT THE MEETING
S. Stanway left the meeting at 1:45 p.m.
Council discussed how to allow the public to be more involved in the
process and how the County of Newell could facilitate open house
meetings.
The Development Control Officer expressed concerns regarding
giving the developer's engineer's contact information to the residents
of Westland Acres, and Councillor H. Wutzke indicated that he would
approach the developer regarding this.
The Chief Administrative Officer presented Council with an a-mail
from D. Horvath regarding the required drainage plan. Council
discussed stormwater ponds and septic fields and the regulations
involved with those.
LEFT THE MEETING
A. Wickert and M. Harbicht left the meeting at 2:04 p.m.
9. POST AGENDA ITEMS -continued
d. Connection to the Regional Water System
Councillor W. Daniels suggested the creation of a service grant to
make it easier for County of Newell residents and businesses outside
of fhe hamlets to hook on to the regional water system. The Chief
Administrator was directed to get a dollar amount for industrial and
commercial assessments. This item will be brought back to a future
meeting.
f. Connection to the Regional Water System for People Not
Included in the Original Easements
Council discussed the amount to be charged to the residents not
included in the original set of easements That want to hook on to the
Regional Water System. The original discussion included a fee of
$2500.00 for everyone who wanted to hook onto the system. This item
will be discussed further when Councillor 1. Schroeder, M. Kasun, P.
Brouwer, and R. Havinga are available.
g. Information Items
,•-
Reeve M. Douglass distributed some information items she had
received to Council, including a letter from Alberta Electric Systems
Operator regarding an update on the Transmission Reinforcement in
Regular Council Minutes Page 10
January S, 2009
southern Alberta, a letter from Canadian Badlands Ltd, which
contained a progress report, and an information package on the
Lieutenant Governor's Leadership for Active Communities Award.
10. QUESTION PERIOD/NOTICE OF MOTION
A question period and notice of motion was held. The Chief Administrative
Officer indicated that he had received a response and the meeting with The
Honorable L. Payne will be included with the joint meeting with the City of
Brooks scheduled for 4:00 p.m. on January 12, 2009 at the Heritage Inn.
11. INFORMATION ITEMS
There were no information items to discuss at this meeting.
12. IN CAMERA
C-11/09 MOVED BY COUNCILLOR J. HARBINSON that we move in camera at
2:22 p.m.
MOTION CARRIED
C-12/09 MOVED BY COUNCILLOR S. EVANS that we move out of camera at
3:14 p.m. ~ __ ~
MOTION CARRIED
13. ADJOURN
C-13/09 MOVED BY COUNCILLOR B. DE JONG that the meeting adjourn at
3:14 p.m.
MOTION CARRIED
~~~
Ree
Co nt Administrator